Todd McNair Jury Starts Over

A juror in the Todd McNair trial was dismissed today because she is not conversant in English. Why this was not established before she was selected to the juror is another matter.

But it means an alternate juror was placed on the jury. And the jury must now start over from scratch. That means the mistrial is off the table . . . for now.

The judge said he was leaning toward declaring a mistrial until the juror was replaced. The jury was deadlocked 8-4 and you must have nine votes for a verdict in a California civil case.

9 thoughts on “Todd McNair Jury Starts Over

  1. What an embarrassment for the LA Superior Court. You didn’t realize that a juror can’t speak English???? That’s flat out ridiculous!!

    Liked by 2 people

    1. That’s on the attorneys, not the Superior Court.

      Both sides had expensive jury consultants. I am guessing that this juror had all the boxes checked that McNair’s team wanted to be checked. Unfortunately, a box for “English Fluency” wasn’t included.

      The first thing DA’s and PD’s check for over at the CCB is “English Fluency.”


  2. That is one of the questions that is asked at the very beginning when they are selecting a jury, do you understand English. This is on the judge and attorneys. Will the court pay McNair’s attorney fees for the second trial? I hope they would.

    No wonder I believe that the DMV test and booklet should only be in English. All road signs are in English so why do they have the test in different languages when the signs are in English? Stupid once again.


    1. P.T.—-I hate to say it, but I bet this one is on McNair’s legal team. Did they make a record on this issue? Did they run out of juror challenges before this juror was seated? Probably not.


      1. You are correct. There wasn’t a problem with lack of challenges or the venire itself. The judge did ask Jurors whether they understood English. It was up to McNair’s attorney’s the probe this deeper on voir dire.

        Liked by 1 person

  3. where was the judge when this juror was seated ? It is not only the lawyers problem it is also the judge’s problem. And this judge went to USC law school – what is taught there ?????????


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